Opinion

United States v. Brown

Court
Court of Appeals for the Fourth Circuit
Filed
Mar 4, 2009
Status
Unpublished
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6916

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES EDWARD BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Northern

District of West Virginia, at Martinsburg. John Preston Bailey,

Chief District Judge. (3:06-cr-00018-JPB-JES-1)

Submitted: February 26, 2009 Decided: March 4, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brian Joseph Kornbrath, Federal Public Defender, Clarksburg,

West Virginia, for Appellant. Paul Thomas Camilletti, Thomas

Oliver Mucklow, Assistant United States Attorneys, Martinsburg,

West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Edward Brown appeals the district court’s order

granting in part and denying in part his motion for sentence

reduction pursuant to 18 U.S.C. § 3582(c) (2006). We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. United

States v. Brown, No. 3:06-cr-00018-JPB-JES-1 (N.D.W. Va. May 28,

2008), and the reasons expressed in our recent decision in

United States v. Dunphy, 551 F.3d 247, 253-56 (4th Cir. 2009).

Brown’s motion for appointment of counsel is denied. We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED

2

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